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By BankFodder · Posted
Before you do any of the above – Stop! You need to spend a few days reading up on the stories on this sub- forum so that you understand the principles and you understand how to go about making your claim. We will help you – and you have a better than 95% chance of getting your money back – but you need to be in control of what you are doing. We will help you – but this is a self-help forum and you need to have done the reading so that you are confident of each step and you know your way forward. Please don't do anything at all – in particular don't send a letter of claim – until you have done all the reading and I would suggest that probably you will start drafting your letter of claim over the weekend. Also, you haven't told us anything about what has happened. We don't know dates, items dispatched, value, whether they were properly declared, whether you bought so-called insurance, you have been declined reimbursement but we don't know why. If you want us to help you then you will have to give us this basic information. Also the fact that you are an eBay trader makes this slightly more complicated although it doesn't at all affect your chances of success. Read the other threads on this sub- forum – and especially the pinned threads at the top in order to understand the principles. You also quickly understand the kind of help that we will give you and you will understand some of the draft documents which have been used in other successful claims. -
Thanks, I'm finishing up the skeleton and hope to have it done today. Will look at statement of case too and get that done over the next few days. -
By London1971 · Posted
I'm going to do just that -
But, but, but... They've already sent you a letter of claim, which said... "Should the outstanding balance not be settled by 20/04/20204 we will commence legal proceedings against you without further notice." 🤣 🤣 🤣 -
Thanks DX, I appreciate that. I've sent off the change of address to them. They should have that by now...
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On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
We have finally managed to obtain the transcript of this case.
The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.
Frankly I don't think that is any accident.
One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.
Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
This is good ethical practice.
It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.
OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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